COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-10-190-CV

ARETA NELSON APPELLANT

V.

DAVID B. GRAYBILL, D.O. APPELLEE

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FROM THE 348TH DISTRICT COURT OF TARRANT COUNTY

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MEMORANDUM OPINION ^{(footnote: 1)}

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In this medical malpractice case, Appellant Areta Nelson attempts to appeal from the trial court’s March 11, 2010 order granting Appellee David Graybill, D.O.’s motion to dismiss her claims against him. ^{(footnote: 2)}  Because such an appeal is accelerated, ^{(footnote: 3)} Appellant’s notice of appeal was due March 31, 2010, ^{(footnote: 4)} but she did not file it until June 9, 2010, which was untimely. ^{(footnote: 5)}

On June 21, 2010, we notified Appellant that her appeal was subject to dismissal for want of jurisdiction unless, by July 1, 2010, she filed a response showing grounds for continuing the appeal. ^{(footnote: 6)}  No response has been filed.  Accordingly, we dismiss this appeal for want of jurisdiction. ^{(footnote: 7)}

PER CURIAM

PANEL:  DAUPHINOT, GARDNER, and WALKER, JJ.

DELIVERED:  August 12, 2010

FOOTNOTES

1:

See Tex. R. App. P. 47.4.

2:

See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(10) (Vernon 2008).

3:

See Tex. R. App. P. 28.1(a).

4:

See Tex. R. App. P. 26.1(b), 28.1(b).

5:

See Tex. R. App. P. 26.1(b).

6:

See Tex. R. App. P. 42.3(a).

7:

See Tex. R. App. P. 42.3(a), 43.2(f).